This isn't legal advice, but it seems there is a likelihood of confusion...I'd be looking for a new name if they find out they're losing would-be customers. I gather you were second in time with that name (aside from your father's business). And they are in the same geographic region?

I'm not looking for legal advice. I don't believe there is a regional problem what-so-ever. I am located in Fresno, CA. They are in Memphis, TN. I started off to just compete. My dad is the one who pushed me into catering. In fact, I have a great job, that I don't plan to quit.

My only problem was that people are not recognizing that they are placing an order from me, which is about a couple of thousand miles away. In fact, I have taken the opportunity to direct them to the correct place.

So Ezzy - Thanks for the advice, but someone beat all of us to the punch on TopsBBQ.com. I have TOPS-BBQ.com and I believe they are content with Topsbarbq.com.

I am attached to the name and won't be changing it, unless something drastic happens. Hopefully they get a better website, because their menu does not look very good.

I'm not looking for legal advice here Bryce (just filing away for future reference), but if the "other tops" is incorporated, are they within their rights to pursue some sort of legal action or is the difference in location enough to prevent that? It would seem to me that because there's already been some confusion (which could have led to lost sales) and because we're dealing with the Internet, where geography doesn't play as large a role, the original chain might be able to press the issue if they knew a problem existed.

Here's a problem I am having. Some of you from Tennessee might recognize this: TN has a chain restaurant called Tops "Bar-B-Que", while my name is TOPS "BBQ". Anyhow, they just put up a site recently, that is vague at the very least and somehow people are ordering from my website for food from them. I have been pointing them in the right direction, but hopefully I won't have to for very long.

I understand that the names sound the same, but we have completely different logos. It was never my intention to take their name or resemble them. My father owns a bar called TOPS Tavern, well I just went off of that.

I'm not looking for legal advice here Bryce (just filing away for future reference), but if the "other tops" is incorporated, are they within their rights to pursue some sort of legal action or is the difference in location enough to prevent that? It would seem to me that because there's already been some confusion (which could have led to lost sales) and because we're dealing with the Internet, where geography doesn't play as large a role, the original chain might be able to press the issue if they knew a problem existed.

Bingo! This is not by any means to be considered legal advice, but i believe that if there are potential customers who are confusing the two, and even if there are not, there can be a likelihood of confusion in the mind of the average consumer or would-be consumer. The names are identical in sound, they look very similar, and they market and sell the same product. In this case it makes some difference as to where the two are located, but not dispositive to say the least. That's what courts are for and why some cases turn in different directions on very similar facts. There are many factors a court would look to, but if they were to push the issue, in my opinion, there could be a finding of infringement.

Here's a problem I am having. Some of you from Tennessee might recognize this: TN has a chain restaurant called Tops "Bar-B-Que", while my name is TOPS "BBQ". Anyhow, they just put up a site recently, that is vague at the very least and somehow people are ordering from my website for food from them. I have been pointing them in the right direction, but hopefully I won't have to for very long.

I understand that the names sound the same, but we have completely different logos. It was never my intention to take their name or resemble them. My father owns a bar called TOPS Tavern, well I just went off of that.

Tri Tip Tops BBQ LOL
Your fine where you are

Tri Tip Tops BBQ...Hmmm? Naw, I think I'll just roll the dice. I am after all a gambling man. _________________Anything worth fighting for is worth fighting for dirty!

I just got off the phone with a corporate client with a home base of Ohio. How did she find us? Yes indeed Gertrude, on the net!

BBQMAN - This is a great post!!! I work in the internet industry (search engine marketing) and can't emphasize enough the importance of having not only a website, but one that Google can easily find. It doesn't (or shouldn't be) have to be over done!

Once you have a basic site going, it's very easy to get email lists, blogs and other user interactive features going. Not only will this generate new business, it'll connect you to your repeat customers!_________________"Now don't get me wrong, I love animals, but I like eatin' 'em more... fun to pet, better to chew." - Jim Gaffigan